CHAR-KOOSTA
PUBLISHED BY CONFEDERATED SALISH AND KOOTENAI TRIBES, FLATHEAD AGENCY, MONT.
Vol. 2 — No. 5
March, 1958
Law and Order for the Indians
In June, last year, senator Case, Democrat S. D. introduced (S-2887, 85th Congress a bill which would extend the John-son-O'Malley act so that Federal payments could be made for the enforcement of state criminal laws within Indian country. The Johnson-O'Malley act authorizes contractual payments to states and local governemental agencies for services rendered to Indians in fields of Health, Education, Agriculture and Welfare. This bill adds to these four fields of service the additional field of state criminal law enforement within Indian reservations when such state laws are applicable. The Department of Interior report dated December 24, 1957, supports the Case bill so that payments could be made whether any hardship exists on the state or not due the presence of tax exempt land. This could mean bribing the states to take over the jurisdiction authorized by public law 280 without either consent or agreement of the tribes concerned. If part of the cost of the local law enforcement can be borne by the federal government and the handling of such be administered by local of-ifcials, under this bill, the states could assume jurisdiction regardless of what Indian Tribes think. An excerpt from the tne report submitted by the Interior de-interest of both the Indians and non-Indians in the surrounding communities for the states to assume jurisdiction." The report failed to state, however, just what those best interests are. The report does not indicate the amount of funds to be used nor the length of time that federal aid would be forthcoming. Does this mean that the states would assume jurisdiction over taxation of trust property, Fish and Game, etc.?
The Tribes concerned should at least be granted the privilege of giving their consent before jurisdiction is assumed by the states.
The Flathead Tribes who operate under a constitution, by-laws and federal charter, granted to them in the Indian Reorganization act of June 18,1934, should as well as many other tribes, be permitted to either agree or disagree to a question that so vitally concerns them.
The members of the Flathead tribes should take special notice of this type of legislation and realize how it would ma-lirially affect them.
Under exisiting law the tribal courts have jurisdiction over Indians committing crimes within the exterior boundaries of the Reservation, with the exception of the Ten Major crimes, over which the Federal courts have jurisdiction. The state or county does not have jurisdiction over Indians who commit crimes within the reservation. On the Flathead and many other Reservations the local law enforcement officials are granted authority by the Fed-
eral Government and the tribal Councils to enter upon trust land for the purpose or arresting members of the tibes. This authority is granted to them through a Federal Police Commission card, issued them by the office of Indian affairs under the approval of the Tribal Council, with the provision that the person arres-ed are remanded to the proper courts. Where the members of the Confederated Salish & Kootenai Tribes are concerned this would be either the tribal courts or the federal courts, depending upon the nature of the crime committed.
The enactment of this bill could result in wide descriminatory practices that would have an adverse effect upon the Indian people concerned. This is supported by record, which is fact, that in Lake county arrests have been and are being made by officials who are in possession of a Federal Commission card but who fail to recognize its limitations and who do not remand the prisoners to the proper court. In cases where Indians are arrested by county officials, they are, in the majority of the cases also tried and sentenced by county officials and serve out their sentences at the expense of the taxpayer. By what legislative authority do these officials impose fines upon people over whom they have no jurisdiction. Does collecting and expending funds that are derived from the unauthorized collection of the fines place those who are responsible in a liable position? On the Flathead reservation tihe number of Indians prisoners, in county jails, always exceed the average that should be imprisoned in proportion to the Indian population as compared to the non-Indian population. This is substantiated by the fact that there are always more Indian prisoners held in the Lake county jail than non-Indians. The vast difference in the Indian and non-Indian population indicates that the situation should be reversed.
The Flathead Tribe, under agreement with Lake county, spent 12,000.00 toward the construction of the city jail in Arlee, Montana. The income from fines imposed upon Indian prisoners was to be divided between Lake county and the Tribes. However, after completion of the jail Lake county beat a hot path home with all of the proceeds. The Tribes, have recently, supplemented the salaries of the Arlee and St. Ignatius deputies in the amount of $50 each per month. Also, the Ronan and Hot Springs county deputies still receive $25 each per-month from the tribes for policing Indian populated towns. In addition to paying these expenses the tribes operate their own Law & Order program which requires an annual budget no small amount.
If discrimination does not exist why do publications use valuable print space to publicize that the crime was commit-
CHAIRMEN MEET — Walter McDonald, right, Confederated Kootenai and Salish Tribal Council chairmen, and Posey Whiteman, left, Crow Tribal Council chairman, shown here at last year's Indian Institute in Missoula, had an opportunity to renew acquaintances at this year's institute When they both were on hand to participate in the various parts of the institute program which was built around Indian youth problems.
Resource Notes
Something new has been added! We hope to make this column a part of the Char-Koosta from here on. The column will carry items that are of general interest in the field of natural resources. Items will deal with forestry, Christmas trees, SMC, range and other related fields. Occasionally there will be larger articles dealing with specific problems or detailed information that wLU appear elsewhere in the Char-Koosta. We hope that you will let us know of any questions you may have in this field. Those of general interest we will attempt to print and answer.
A total of 99 grazing permits have been written to date. Almost all of the permits have been for a three year period.
As of the time this column was prepared, March 20th, the lumber market is still very slow. There is some indication of a slight upsurge in the demand for lumber and it is hoped that this spring will see a stronger demand.
William Geferler of the Flathead tribe has started logging a small area in the Arlee district. The sale is predominately pine and he hopes to finish about the 1st of May.
The Pitts Lumber mill 'at Ravalli has stopped operations temporarily due to a decrease in the demand for their product. The logging crew is also down.
Load Limits of 350 lbs. per inch of tire placed on all state highways in this area have caused almost all of the logging operations to cease. As soon as the load limitations are raised, logging will begin on those areas now under contact.
Carl Shaddux, Conservationist and Elmer Heisel, Forester are interested in contacting some Allottees who are interested in putting their allotment or part of it into a Christmas Tree Plantation. If you are interested in it and are willing to work at the establishement of a plantation please contact one of them.
ted by John Doe the Indian, but when a crime is committed by a non-Indian the same publications does not say that John Doe the Irishman, German or Frenchman committed the crime?
This is not being written because of any (political convictions or aspirations. I am neither a recession Republican nor a staunch Democrat, I am an Indian.